United States District Court, S.D. California
October 18, 2005.
DONALD WAYNE COLE, Plaintiff,
D. POLLARD, et al., Defendants.
The opinion of the court was delivered by: WILLIAM HAYES, District Judge
ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILING TO PAY FILING
FEES OR MOVE TO PROCEED IN FORMA PAUPERIS
Plaintiff, a state inmate currently incarcerated at Salinas
Valley State Prison in Soledad, California and proceeding pro se,
has filed a civil rights Complaint pursuant to
42 U.S.C. § 1983.*fn1
I. Failure to Pay Filing Fee or Request IFP Status
Effective February 7, 2005, all parties instituting any civil
action, suit or proceeding in a district court of the United
States, other than a writ of habeas corpus, must pay a filing fee
of $250. See 28 U.S.C. § 1914(a). An action may proceed despite
a party's failure to pay only if the party is granted leave to proceed in forma pauperis ("IFP")
pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook,
169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff has neither prepaid
the $250 filing fee required to commence this action, nor has he
submitted a Motion to Proceed IFP. Therefore, this action is
subject to immediate dismissal.
II. Conclusion and Order
For the reasons set forth above, the Court hereby:
(1) DISMISSES this action sua sponte without prejudice for
failing to pay the $250 filing fee or file a Motion to Proceed
IFP pursuant to 28 U.S.C. §§ 1914(a) and 1915(a); and
(2) GRANTS Plaintiff forty-five (45) days leave from the date
this Order is stamped "Filed" to: (a) prepay the entire $250
civil filing fee in full; or (b) complete and file the attached
"Motion and Declaration in Support of Motion to Proceed In Forma
Pauperis" which includes a certified copy of his trust account
statement for the 6-month period preceding the filing of his
Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. CAL. CIVLR
IT IS SO ORDERED.
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